1.0 Introduction

This Terms of Service Agreement (TOS or Agreement) is between You and JayBee Tech (We or Us) to provide website services as outlined below.

2.0 Description of Services

2.1 Design. We will create a design solution for elements of the interface, layout, and functionality of your project. If you are not happy with the design solution we present to you, we will work together on up to two rounds of revisions. If you are still not happy at that stage, you may either (a) cancel this contract or (b) commission us to make additional revisions, which will be billed at our standard hourly rate.

2.2 Formatting & Templates. If the project includes any coding elements, including, but not limited to, HTML, CSS, or scripting languages, please note that they may be interpreted differently by different browsers, which could vary the user experience. We will test these elements to ensure that they work as intended on the following browsers and devices, representing the vast majority of all Internet users:

Internet Explorer 8.0 +
Mozilla Firefox (latest)
Google Chrome (latest)
Apple Safari 5.0 +
iPad OS v5.0 +

We will not test or optimize these elements on older versions of the browsers listed above, unless you specifically request it. Time spent optimizing these elements for unsupported browsers will be billed at our standard hourly rate.

2.3 Copywriting. Unless it is included in the estimate, we are not responsible for drafting any copy for your project. All text and business information must be supplied to us.

2.4 Maintenance. Multiple options for maintaining and updating your site are available for additional charges. See Technical Support section below for details.

3.0 Scope of Project

3.1 Services. The scope of the project will be all services listed on our website based on the package you purchase.

3.2 Timeframe. Based on the current scope of the project, we estimate that the project will take [8] business days to complete from the time that the down payment on the project is received. This is only a good faith estimate, which depends on many factors outside our control; if the project is completed beyond this date; that fact in itself will not amount to a breach of this Agreement.

3.3 Changes, Revisions & Updates. You are free to change your mind about the scope of this project at any time. Any changes must be requested and agreed to in writing. You will be billed for these changes at our standard hourly rate, unless otherwise agreed.

4.0 Client Responsibilities

To provide you with outstanding design, we need to have a great working relationship with you. To that end, you agree that during the course of this project you will:

Be the primary stakeholder and decision-maker for the project;
Provide information and files as we request them in a timely manner;
Review work, offer feedback, and issue approvals in a timely manner;
Adhere to project and payment schedules; and
Inform us of any problems or issues as soon as possible.

Additionally, you are responsible for ensuring that you have the rights to all images, copy, trademarks, or other elements you provide to us in the course of the project. You also agree to indemnify us against any liability for copyright or trademark infringement for using these items.

5.0 Copyrights and Ownership of Designs

5.1 Assignment. After any outstanding balance for the project is paid, we will assign to you all copyrights in the graphical and visual elements of the design created under the scope of this project. However, we will retain the copyright to all coding elements, but will provide you with a license to use these elements in the deliverables of this project.

5.2 Publication. We are very proud of the designs we produce, and love to show them off. As a result, JayBee Tech reserves the right to display the designs we create for this project in our portfolio and to write about the design process for the project on websites, magazines, books, and other outlets.

6.0 Technical Support

6.1 Website Hosting. Website Hosting is an optional service that we offer. As your webhost, you must contact us in writing for tasks such as creating email addresses, metrics, and website statistics.

6.2 Content Management Systems. Occasionally, we may use a content management system as the underlying platform for a website, such as WordPress. We would be happy to spend up to one hour walking you through basic functions of how your content management system works. If you need any additional assistance with these systems, support will be billed based on services rendered.

6.3 Maintenance/Updating. One or a combination of the following maintenance options will be available to you after your website has been completed and you have taken ownership:

6.3.1 Maintenance Tutorial. Up to an hour spent with website owner/administrator showing the functionality of the site and how updates and changes are made. This is a one-time service that is included in your website build. Additional tutorials are available at a rate of [$40.00/hr]. Failure to pay for completed Maintenance Tutorials will result in your site being parked (inaccessible) until balance is paid.

6.3.2 Tech Support Tasks. Every effort will be made to handle Tech Support tasks with detailed written instructions, over the phone or via remote PC connection. Tech Support tasks that require visiting your location will be charged an hourly rate of [$45.00/hr]. Requests must be submitted in writing. Failure to pay for completed Tech Support tasks will result in your site being parked (inaccessible) until balance is paid.

7.0 Cancellation

7.1 Resolving Disputes. While we will do our best to ensure you will be pleased with your experience, we agree to work out any problems, in a friendly manner, which may arise. However, if that process is ineffective, either you or JayBee Tech may cancel this Agreement for good cause by sending written notice to the other person.

7.2 Amount Due after Cancellation. Upon cancellation of this Agreement, you will be billed for the number of hours we have spent on the project at our standard hourly rate. If this amount is less than the deposit, you will not owe any additional funds. If this amount is more than the deposit, you will be billed for the outstanding balance. This balance will be due immediately.

7.3 Continuing Effect. All rights to indemnification will continue after cancellation of this Agreement.

8.0 Miscellaneous

8.1 Release of Liability. You agree to release us from any liability for all spelling or content errors in the copy you provide to us. Also, you agree to release us from any liability and to indemnify us against any claim or lawsuit from a third party arising from any elements you provide to us to complete this project.

8.2 Files. We will provide a copy of all electronic files to you for the deliverables of this project. You understand that we are not required to keep a copy of the files or source files after the completion of the project.

8.3. Relationship. We will perform all services as an Independent Contractor, not as an employee or agent. The designs we produce under this Agreement are not works made for hire under the United States Copyright Act.

8.4 No Assignment. You may not transfer or assign any rights under this Agreement to another party without our written permission.

8.5 Severability. If a portion of this Agreement is held to be unenforceable, that portion will be removed and the remainder will serve as our Agreement.

8.6 Governing Law. The laws of the State of Georgia will control the interpretation of this Agreement.